September 7, 2017

Cleaner claims pushing up daisies, FTC closing letters for "Made in USA" claims, and more in this issue of Advertising Law News & Analysis

3 min

Toxic Label

Cleaner Claims Left Pushing Up Daisies

Few things grab consumers' attention like evocative comparative advertising claims. However, those claims also captivate competitors. In a recent National Advertising Division (NAD) case, a competitor challenged household cleaner marketer Better Life's video ads that featured wilted flowers in vases filled with popular cleaners, and strong claims about product toxicity. The only things wilted in the ads, write Venable attorneys Amy Mudge and Bryan Tengel in a blog post, were Better Life's poorly substantiated claims.

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Made in USA stamp

FTC Closing Letters: "Made in the USA"

The Federal Trade Commission (FTC) has issued 15 closing letters related to "Made in USA" advertising claims so far this year. The Commission issued 29 such letters last year and 28 letters in 2015. In a recent blog post, Venable attorneys Randy Shaheen and Bryan Tengel write that the letters also continue a trend – echoed by its recent "educational letters" about undisclosed use of social media influencers – of the FTC more frequently sending out what amounts to warning letters rather than taking enforcement actions, at least in situations that do not involve hard-core consumer fraud.

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gas station damaged in Hurricane Harvey

A Look at Gouging Consumers

During the coverage of Hurricane Harvey and its aftermath, Texas law enforcement officials repeatedly warned businesses against price gouging and reiterated its severe associated penalties. In a recent blog post, Venable partners Amy Mudge and Randy Shaheen look at the price gouging laws in Texas and New York state and at pricing that, when driven by supply and demand, crosses the line into illegal activity.

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Advertising Law Tool Kit

From the Tool Kit:

"Made in USA" claims can leverage consumers' patriotism to differentiate a product, but they are subject to stringent state and federal regulations. In the most recent edition of the firm's Advertising Law Tool Kit, Venable partners Amy Mudge and Randy Shaheen outline what brands need to know to comply with "Made in USA" regulations and provide strategies for working around common roadblocks to domestic origin claims.

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SupplySide West

September 25-29, 2017 | Las Vegas, NV

Venable will be the Official Legal and Regulatory Partner at this year's SupplySide West Global Expo & Conference. This conference focuses on the exploration, discovery, innovation, and marketing strategy around the development of finished consumer goods in the animal nutrition, beverage, cosmetics, dietary supplements, sports nutrition, food, and pharmaceutical industries. Venable partners Todd Harrison, Claudia Lewis, Michelle Jackson, and Michael Blume will participate in panel discussions on regulations, class action litigation, and clean label messaging. Be sure to visit us at our offices directly in front of the SupplySide West registration entrance in the Expo Hall holding area!

Request a complimentary consultation with Venable at the conference.


Electronic Retailing Association's 2017 D2C Convention

October 2-5, 2017 | Wynn Hotel, Las Vegas, NV

Venable is proud to sponsor the 2017 ERA D2C Convention, where innovators, marketers, and manufacturers come together to showcase the latest trends in direct response. Be sure to visit Venable in booth #201 and mingle with our team at the Pre-Moxie Mixer on Tuesday, October 3 from 6:00 p.m. to 8:30 p.m.

Schedule a meeting with Venable at D2C.